14 Bills and Notes for the payment of Money. fingle Perfon elected to *An Award or Umpirage by a single arbitrate. To of greeting, yoz erms, &to Indre go on all &c. I, E. F. of &c. fend greeting. Whereas, &c. [Here go on as in the award made by two arbitrators until you come to] to ftand to, &c. the award, order and final determination of me the faid E. F. indifferently elected and chofen between the faid parties, to arbitrate, &c. [As in the conditions of the bonds.] fo as my faid award or umpirage be made in writing, under my hand and feal, and ready to be delivered to the faid parties, on or before, &c. as in and by the faid in part recited bonds or obligations, and the conditions thereof, may appear: Now know ye, that I the faid E. F. [Here go on as in the last precedent.] In witness, &c. The Form of a Submission to an Arbitration, in order to make it a Rule of Court. BE it remembered, That C. D. of, &c. and E. F. of, &c. being defirous finally to end and determine divers controverfies, fuits and quarrels that have lately arifen between them, did on, &c. agree to fubmit it and refer all the faid controverfies, fuits and quarrels to the award and determination of G. H. of, &c. and J. K. of, &c. arbitrators for that end indifferently chofen by the faid parties; which faid award is to be made in writing under the hands and feals of the faid arbitrators and ready to be delivered to the faid parties, on or before, &c. And the faid parties did mutually promife and oblige themfelves that they would obey, perform and execute fuch award as the faid arbitrators fhould make in the premifes. Now the faid parties do further that the faid fubmiffion fhall be made a rule in the court of, &c. at and that they will be finally concluded by the arbitration that shall be made in the premifes by the faid arbitrators, pursuant to fuch fubmiffion. Witness, &c. BILLS and NOTES for the Payment of Money. K ** A Penal Bill, for payment of Money. agree, NOW all men by thefe prefents, that I, C. D. of, &c. do owe unto E. F. of, &c. the fum of lawful money of to be paid to the said E. F. his executors, adminiftrators or affigns, on or before the rext enfuing the day of the date hereof; for the which payment well and truly to be made, I bind myfelt, my heirs, executors, adminiftrators and affigns, in the penal fum of of like money, firmly by thefe prefents. In witness, &c. Sealed, &c. Afingle Bill for payment of Money, i. e. without a penalty, KNOW all men by these prefents, that I, C. D. of, &c. do owe and am indebted to E. F. of, &c. the lum of of lawful money of to be pry to the faid E. F. his executors, adminiftrators or affigns, on or before, c. In witness, &c. The The form of a Promiffory Note, or a common Note for I Money. Promife to pay to C. D. or order, the fum of, &c. three months after date [or, on demand if thought necessary] for value received. Witness my hand this ninth day of July, 1803. Another. OR value received. I promise to pay to C. D. or order, the fum of on demand, with interelt till paid [or, on or before the FOR day of Neceffary Obfervations on Promissory Notes, &c. HESE notes are affignable by indorsement, as bills of exchange are, and from the time due, provided the note be protefted by a notary public, within three days after that time; fo that in all cafes, except where the folvency of the drawer or debtor is doubted, it is best in fuch notes to mention a certain time of payment, as two or three days after date, or otherwife, as the cafe requires. The indorfer becomes liable to payment, as well as the drawer; and when once an indorfable note, that is to fay, one payable to order, is transferred to a third perfon, it cannot then be in the power of the indorfer, by releafe, or other inftrument in writing, to acquit or free the drawer from being liable; the property the indorfer at firft had in the note, being entirely removed by his indorfement. In the cafe of a bond or obligatory bill, it is otherwife; for there the obligee, after having affigned the fame to a third perfon, may by release or other specialty, deftroy the validity of the obligation, and confequently free the obligor from the burthen thereof. 4§ 5 Ann, c. 9. Gilb. Chan. p. 290. We fhall fpeak more fully on this point, when we come to speak concerning releases. A Of BOND S. BOND, penal bill, or obligation, is a deed in writing, whereby one perfon binds himfelt to another, to pay a fum of money, or perform fome other act. It ufually confifts of two parts, viz. the obligation, whereby the party is bound, who is generally called the obligor: and the condition which expreffes what fum is to be paid, or act performed, and to whom, in what manner, and when. The perfon this obligation is made to, is generally called obligee, to whom the obligor, by way of penalty, commonly becomes bound in double the fum of money lent, or of the estimated value of the thing to be performed. If no place is mentioned for payment of the money fpecified in a condition. the obligor, on pain of forfeiting his obligation, is to find out the perfon of the obligee, if he be in the ftate, and tender the money; but where a place is mentioned, he is not obliged to feck any further. Dy. 14. 271. An An heir is not bound, unlefs he be exprefsly named in the obligatory part of the bond; but the executors or adminiftrators are bound, though not named; they more reprefenting the perfon of the deceafed obiigor, and being entitled to take an advantage of a chattel, when not named, notwithstanding the heir is. Dy. 14. 261. Note. Judgment bonds, as they were called, were formerly much used in the ftate of New York; but by an act of the legislature, paffed the 27th Feb. 1788, after reciting that "whereas a practice hath lately been introduced of inferting in bonds, bills, covenants and contracts in writing, a claufe, or power, or warrant, to confefs a judgment thereon, whereby many persons, being ignorant of the efficacy and confequences of fuch a claufe, power or warrant, have fuffered great lofs;" for remedy whereof it is enacted "That no judgment fhall hereafter be entered upon any bond, bill, covenant, or other contract in writing, to be made after the first day of January next, upon the confeffion of any attorney, by virtue, or in confequence of any warrant, power or authority whatsoever, contained, written or printed in the fame inftrument, paper or parchment, with the fame bond, bill, covenant or contract.-And further, That every attorney, who fhall confefs any judgment in any cafe whatfoever, fhall, at the time of making such confeffion, produce his warrant for making the fame to the court or judge before whom he makes the fame confeffion, and the fame warrant fhall then be filed with the proper officer of the court in which the judgment shall be entered." The bond muft then be drawn in its fimple form, and the warrant of attorney, to confess judgment, must be a feparate inftrument. Sed vide L. N. Y. 24 sess. c. 50 contra. A Bond with a Condition from one to one. KNOW all Men by thefe prefents, That 1, C. D. of, &c. in the county of, &c. am held and firmly bound to E. F. &c. in the fum of of good and lawful money of the United States, to be paid to the faid E. F. or his certain attorney, his executors, adminiftrators or affigns; to which payment, well and truly to be made, I bind myself, my heirs, executors and adminiftrators, firmly by thefe prefents: Sealed with my feal. Dated the day of in the year of our LORD one thousand eight hundred and The condition of this obligation is fuch, that if the above-bound C. D. his heirs, executors or adminiftrators, do and fhall well and truly pay, or cause to be paid, unto the above named E. F. his executors, adminiftrators or affigns, the full fum of, &c. like good and lawful money, as aforefaid, with legal intereft for the fame, on or before the day of next enfuing the date hereof: Then this obligation to be void, or otherwife to be, and remain in full force and virtue. Sealed and delivered in prefence of A Bond with a Condition from two to one. K NOW all men by thefe prefents, that we, C. D. of, &c. and E. F. of, &c. are held and firmly bound to G. H. of, &c. in the fum of 300 dollars of good and lawful money of the United States, to be paid to the said G. H. or his certain attorney, his executors, adminiftrators, or affigns; to which payment well and truly to be made, we bind ourselves, and each of us, by himfelt himself [If one of the obligors be a woman, write thus, viz. by him and herself for and in the whole, our, and each of our heirs, executors and administrators, firmly by these presents: Sealed with our seals, dated, &c. The condition of this obligation is such, That if the above bound C.D.and E.F. or either of them,their, or either of their heirs, executors or administrators, do and shall well and truly pay, or cause to be paid, to the said G. H. his executors, administrators or assigns, the full sum of one hundred and fifty dollars, like good and lawful money as aforesaid, with legal interest for the same, on or before the, &c. which shall be in the year of our LORD,&c. Then, &c. otherwise, &c. K A Bond with a Condition from three to one. NOW all men by these presents, that we,C.D. of&c. E.F. of, &c. and G. H. of, &c. are held and firmly bound to J. K. of, &c. in the just and full sum of dollars of lawful money of to be paid to the said J. K. or his certain attorney, his executors, administrators or assigns; to which payment well and truly to be made, we bind ourselves, and every one of us by himself, [But if a female be an obligor, then as in the last for and in the whole, our, and each of our heirs, executors and administrators, firmly by these presents. Sealed, &c. The condition of this obligation is such, That if the above bound C. D.E. F. and G.H. or either, or any of them, their, or either, or any of their heirs, executors or administrators, do and shall, &c. K A Bond with a Condition from one to two. NOW all men by these presents, that I, C. D. of, &c. am held and firmly bound to E. F. of, &c. and G. H. of, &c. in, &c. of good and lawful money to be paid to the said E. F. and G. H. or one of them, or to their certain attornies, their executors, administrators or assigns: to which payment, well and truly to be made I bind myself, &c. The condition of this obligation is such, That if the above bound C. D. his heirs, executors or administrators do and shall well and truly pay, or cause to be paid, to the above named E. F. and G. H. or either of them, their or either of their executors, administrators or assigns, the full sum of, &c. Then, &c. K A Bond from three to three. NOW all men by these presents, that we, C. D. of, &c. E. F. of &c. and G. H. of, &c. are held and firmly bound to J. K. of, &c. L.M. of, &c. and N. O. of, &c. in &c. of good and lawful money of to be paid to the said J. K. L. M. and N. O. or some of them, or to their certain attornies, their executors, administrators, or assigns; to which payment well and truly to be made, we bind ourselves, and every of us by himself, for and in the whole, our, and each of our heirs, executors and administrators, firmly by these presents. Sealed, &c. K A Bail Bond. J. K. of NOW all men by these presents, That we, G. H. of the county of in one hundred dollars of good and lawful money of the United States, to be paid to the said N. O. or to his certain attorney, executors, administrators or assigns; to which payment well and truly to be made, we bind ourselves, and every of us by himself, for and in the whole, our, and each of our heirs, executors and administrators, firmly by these presents. Sealed with our seals. Dated the, &c. in the year of our LORD, &c. &c. The condition of this obligation is such, That if the above bound G. H. do* appear before the justices of the Supreme Court of Judicature of the state of New-York, (or if in the common pleas, say at the next court of common pleas to be holden for the county,or city and county, of at on the, &c. [here mention the day of return as in the writ] to answer to R. S. Esq. of a plea of trespass, and also to [here pursue the words of the writ] Then this obligation to be void, otherwise to be and remain in full force and virtue. Sealed and Delivered In presence of *i. e. Put in special bail, or bail to the action. SPECIAL CONDITIONS OF BONDS. A Condition of a Counter Rond, or Bond of Indemnity, where one man becomes bound for another. HE Condition of this obligation is such, That whereas the above named TAB. atthe special instance and request, and for the only proper debt of the above bound C.D. together with the said C. D. is, in and by one bond or obligation, bearing even date with the obligation above written,held and firmly bound unto E. F. &c. in the penal sum of of lawful money of conditioned for the payment of the sum of with legal interest for the same, on the day of next ensuing the date of the said in part recited obligation, as in and by the said in part recited bond with the condition thereunder written may more fully appear: If therefore the said C.D. his heirs, executors or administrators, do and shall well and truly pay,or cause to be paid, unto the said E.F. his executors, administrators or assigns, the said sum of with legal interest for the same, on the said day of next ensuing the date of the said in part recited obligation, according to the true intent and meaning, and in full discharge and satisfaction of the said in part recited bond or obligation: Then, &c. otherwise, &c. A Condition of a Counter Bond, where one is Bail for another on a Bail Bond. W con on WHEREAS the above named C.D. at the special instance and request of the above bound A.B.together with the said A.B. and E.F. of, &c. is bound to G.H.sheriff of the county of,&c. in the penal sum of, &c. ditioned for the appearance of the said A. B. before the justices at the day of, &c.next to answer N.O. in a plea of, &c. [Here mention debt or otherwise, verbatim, as expressed in the bail bond] As by the said in part recited bond or obligation and condition there under written may more fully appear |